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Westferry Times > Law and Articles > Formalised ‘gender apartheid’: What Taliban’s new ‘morality law’ means for Afghan women
Law and Articles

Formalised ‘gender apartheid’: What Taliban’s new ‘morality law’ means for Afghan women

Anjali Yadav
By Anjali Yadav Published September 7, 2024
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Taliban’s New ‘Morality Law’: A Formalized Gender Apartheid

The Taliban regime has taken another drastic step in formalizing its oppressive control over Afghan women by enacting a new “morality law”, reinforcing harsh restrictions on women’s freedoms and rights in Afghanistan. The law, introduced in late August by Taliban supreme leader Hibatullah Akhundzada, marks the most severe codification of gender-based restrictions since the Taliban regained control of the country in August 2021.

Published by the Ministry of Propagation of Virtue, Prevention of Vice, and Hearing Complaints, the 114-page code outlines a strict moral framework for Afghan society, with severe implications for women, LGBTQ individuals, and religious minorities. Human rights groups and international observers have condemned the code, describing it as a form of gender apartheid.

Key provisions of the morality law

The new morality law mandates that women must veil their entire bodies in public, with face coverings deemed essential to prevent “temptation.” The law further restricts women’s public behavior, stating that a woman’s voice is considered “intimate” and should not be heard in public spaces. This means women are prohibited from singing, reciting, or even reading aloud in public. Some reports, such as one from The Guardian, suggest that the ban extends to women’s voices being heard inside their homes.

The Taliban’s law also reinstates bans on playing music and forbids the mixing of unrelated men and women in public. Men and women not related by blood or marriage are prohibited from even looking at each other. The restrictions extend to men as well, who are banned from wearing shorts above the knee and must not closely trim their beards.

The new code also targets LGBTQ people and religious minorities, sanctioning persecution through morality enforcement mechanisms. The UN Office of the High Commissioner for Human Rights (OHCHR) has expressed grave concerns, with spokesperson Ravina Shamdasani stating that the law effectively renders Afghan women “faceless, voiceless shadows.”

Implications of the law

The enforcement of such policies by the Taliban is not new, but this formal codification marks a significant escalation. The Taliban has historically implemented these rules through threats, arbitrary detentions, and excessive use of force. According to a UN report, the regime’s morality police have been empowered to arbitrarily detain and punish individuals, deepening an already pervasive climate of fear across Afghan society.

Heather Barr, Associate Director of the Women’s Rights Division of Human Rights Watch, told Reuters that while many of these restrictions were already in place, the formalization of the morality law signals a worsening crackdown. Barr emphasized that since the Taliban returned to power, there has been a “steady and gradual escalation” of oppressive measures against women.

The UN experts also warned that the morality law introduces even more repressive rules than before. Ordinary citizens are now encouraged to report any transgressions to the authorities, which could worsen the atmosphere of surveillance and fear already prevalent in Afghan society.

Comparing the Taliban regimes: Then and now

The new morality law bears a striking resemblance to the Taliban’s previous regime from 1996-2001, during which the group imposed brutal restrictions on women. The Taliban, which was ousted from power by US-led forces following the September 11 attacks, had enforced a similarly rigid interpretation of Sharia law, where women were banned from public life, girls’ education was restricted, and punishments such as public stoning and flogging were widespread.

Despite early promises by the Taliban to respect women’s rights after regaining power in 2021, their actions have reflected the contrary. In their first press conference, Taliban spokesperson Zabiullah Mujahid stated that Afghan women would have “the same rights” as men but added the caveat that these rights would be within the framework of Sharia law. This ambiguity raised concerns among women’s rights activists, who had lived through the Taliban’s first regime.

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Since then, the Taliban has systematically dismantled women’s rights, starting with the ban on girls’ education beyond Grade 6. Public punishments such as stonings, floggings, and executions have also resurfaced under the regime. The codification of the morality law solidifies what many feared — that the Taliban has not moderated its stance on women’s rights and freedoms.

International reaction

The new law has drawn sharp criticism from human rights groups and international organizations. The United Nations and Human Rights Watch have raised concerns over the increasing repression and the potential for worsening human rights abuses. Many have described the situation as gender apartheid, given the systematic and institutionalized discrimination against women in Afghanistan.

Despite widespread international condemnation, several countries, including China and some Muslim-majority nations, have moved toward de facto recognition of the Taliban regime. The United States has made its support for the Taliban contingent on the withdrawal of such restrictive measures, but diplomatic efforts have had limited impact.

Conclusion

The Taliban’s new morality law represents a devastating blow to the rights and freedoms of Afghan women and other marginalized groups. As the regime tightens its control over daily life, the future of women in Afghanistan remains bleak. The formalization of these harsh restrictions signifies that the Taliban has no intention of moderating its approach, and international pressure, thus far, has done little to change the course of this deeply oppressive regime.

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